A Temporary Construction Easement (THE) is an agreement between a property owner and a contractor for the temporary use of land for construction purposes. It is a legal document that grants the contractor the right to use the property for a specific amount of time in order to complete a project. Generally, the easement will allow the contractor to build temporary structures, place equipment, and access the land while the construction is in progress. There are two main types of Temporary Construction Easements: 1. Full Easement — This type of easement grants the contractor the right to use the land for the full term of the construction project. 2. Partial Easement — This type of easement grants the contractor the right to use the land for a portion of the construction project.
Temporary Construction Easement
Description
Definition and meaning
A Temporary Construction Easement is a legal agreement that allows one party (the Grantee) to use a portion of another party's (the Grantor's) property for a specific construction-related purpose for a limited time. This easement is typically granted to facilitate construction projects such as road improvements, utility installations, or similar activities. Unlike a permanent easement, a temporary easement expires after a predetermined period or upon the completion of the project, ensuring that the property reverts to the Grantor's full control thereafter.
How to complete a form
To successfully complete a Temporary Construction Easement, follow these steps:
- Provide the name of the Grantor, including the corporation's full legal name and state of incorporation.
- Fill in the address of the property where the easement will be granted, including street address, city, state, and zip code.
- Indicate the purpose of the easement, specifying the construction activities that will occur on the property.
- Specify the duration of the easement, whether for a set number of years or until project completion.
- Include the legal description of the property, attached if necessary.
- Ensure that all signatures are obtained from the authorized representatives of the Grantor, along with notarization if required.
Who should use this form
This form is designed for property owners who are approached by construction companies or governmental entities needing temporary access to their land for construction purposes. Individuals, corporations, or any legal entity owning property that may be affected by construction activities can utilize the Temporary Construction Easement.
Key components of the form
The key components of a Temporary Construction Easement typically include:
- The full name and address of the Grantor and Grantee.
- A clear statement of the easement's purpose.
- A specified duration for the easement.
- A legal description of the property involved.
- Signatures from authorized representatives, along with the date.
- Notary acknowledgment for legal validation.
Common mistakes to avoid when using this form
While filling out the Temporary Construction Easement, consider the following potential errors:
- Forgetting to include the legal description of the property.
- Not specifying the purpose or duration of the easement adequately.
- Failing to obtain the necessary signatures from all required parties.
- Neglecting to have the document notarized when required.
What documents you may need alongside this one
When preparing a Temporary Construction Easement, consider having the following documents on hand:
- A current property survey indicating boundaries and other easements.
- Any previous easements or agreements related to the property.
- Building permits or approvals for the intended construction project.
- Insurance documents in case of liability for construction activities.
What to expect during notarization or witnessing
During the notarization process, the person signing the Temporary Construction Easement will need to present valid identification to the notary public. The notary will witness the signing and affix their seal to the document, confirming that it was executed under the proper legal protocols. This process may require all involved parties (Grantor, Grantee, and possibly witnesses) to be present at the same time.
How to fill out Temporary Construction Easement?
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FAQ
A Temporary Constrnction Easement (TCE) is required to allow the Department to enter . private property in order to modify/remove buildings or improvements that straddle the State's Right of Way (RIW) line.
Slope Easements - allows for the permanent creation and maintenance of a "sloping" transition between properties of different elevations.